2017.08.21 CC Packet - Laserfiche WebLink

Home

RCWD RICE CREEKWATERSHED DISTRICT August 9, 2017 Jennifer Sorensen Area Hydrologist Division of Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Rd St Paul, MN 55106 RE: Public Waters Reclassification of Hardwood Creek Segments Dear Ms. Sorensen: Previously, Rice Creek Watershed District (RCWD) has not taken an official position on the reclassification, removing from the public waters inventory (PWI), of two segments of Hardwood Creek under the DNR Commissioner's Order dated 4/13/2017. However, recent correspondence with RCWD staff indicates you have recommended that these two segments (noted as segments 3 & 4 onattached map) be put back on to the PWI. RCWD is providing these comments in response to what we see as an inappropriate process. Furthermore, we want to be clear that we do not support and object to another reclassification that would add these segments back to the PWI. It is important to recount some of the history around the PWI process. It is our understanding that prior to the PWI, case by case evaluations were made to determine whether a water body was a public water. in some cases, this was relatively simple to determine, and in other cases it was not as clear and led to administrative appeals, enforcement action, and litigation. To provide additional clarity and certainty to the public and agencies on what waters of the state were considered public waters, the legislature provided authorization for the PWI process to produce lists and maps that would identify what water bodies would be regulated under the public waters permitting program. The process included an inventory and classification, public notice, and due process for appealing the designations. The process moved through the entire state county by county and took approximately ten years to conclude with the final signed inventory lists by then Commissioner Joseph Alexander. Over subsequent years, DNR has identified errors in the original inventory and in 2005 the legislature provided the DNR specific authority to correct errors in the original inventory. We believe the statute is unambiguous as it clearly states, "correct errors in the original inventory" (emphasis added), which is what the Commissioners Order concluded as well. We understand the language in MS 103G.201 (e) (2) (1) is specific to errors in the lists and maps as finally published and delivered to each County Auditor. We do not believe the statutory language or legislative intent was to have an elastic public waters inventory that would move a specific water body on and off the list through time. Multiple changes in 4325 Pheasant Ridge Drive NE #6111 Blaine, MN 55449 ( T: 763-398-3070 ( F: 763-398-3088 I www.ricecreek.org BOARD OF Michael J. Bradley Barbara A. Haake Patricia L. Preiner Steven P. Wagamon John J. Waller MANAGERS Ramsey County Ramsey County Anoka County Anoka County, Washington County